AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
CORRECTIONAL INSTITUTIONS CHAPLAINCY, INC.
This is an Agreement between the County of Santa Clara, (County) and Correctional Institutions
Chaplaincy, Inc. (CIC) for the provision of chaplaincy services. The parties agree as follows:
I. Scope of Services
CIC will coordinate and provide services for multiple faiths, with the exception of
Catholic services, for inmates at the Santa Clara County jail facilities as described
in Attachment I.
II. Contractor Evaluation
CIC will be evaluated based on the following:
A. CIC shall record and maintain all performance measurements and goals as
identified in Attachment II.
B. A monthly record shall be maintained by CIC describing the services
provided, by whom, where and when. This shall be maintained at the
central office of CIC and available for inspection by designated County
personnel when requested.
C. Documentation pertaining to inmate requests shall be maintained at CIC’s
office for at least five years and will be available for inspection by County
D. CIC will keep the white copy of each inmate request form submitted to
CIC relating to the religious services program. CIC will maintain and
submit all inmate request forms to the DOC on a quarterly basis.
E. Grievances will be responded to within seven days and turned into the
facility Watch Commander where the grievance originated.
The County agrees to pay CIC an amount not to exceed $70,000 for Fiscal Year
2011, $140,000 for Fiscal Years 2012 and 2013 and $140,000 for FY 2014. The
total amount of the agreement shall not exceed $490,000. CIC will invoice the
County $11,666.66 each month. County will pay for mandated and non-mandated
services provided, as identified in the Attachment II. CIC will submit with each
invoice, the Performance Goals and Reporting Categories report as identified in
Attachment II to the Financial Services Division. Submittal of monthly services
allocation in Attachment II, identifying mandated and non-mandated services is
the sole responsibility of CIC.
CIC, on a quarterly basis, will provide a letter directed to the Custody Bureau
Support Services Commander stating the progress of the goals identified in
Attachment II. If performance goals are not met for any quarter during the term
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of this Agreement, a Corrective Action Plan (Attachment III) will be prepared
and submitted to the Custody Bureau Support Services Commander. The
quarterly report will also outline any issues or concerns that arise in the quarter.
CIC is to submit proof of insurance documents (in accordance with Section XX);
monthly Performance Measure Reports attached to the invoice; and updated
Service/Class Schedules as of January 1, 2011, July 1, 2011, January 1, 2012, July
1, 2012, January 1, 2013, July 1, 2013, January 1, 2014 and June 30, 2014.
V. Term of Agreement
The Agreement shall be effective January 1, 2011 through June 30, 2014. The
County has the option to extend the Agreement for an additional two years if both
parties agree, and upon approval of the County Board of Supervisors, unless
terminated sooner as provided in Section VI of this Agreement.
A. Termination Without Cause
Either party may terminate this Agreement without cause upon thirty days
prior written notice to the other party by certified mail. This notice shall
state the effective date of the termination.
B. Immediate Termination for Security/Safety
County may terminate this Agreement without cause for reasons of safety
and/or security. Should safety/security reasons no longer apply, services
shall resume upon written agreement of both parties.
C. Immediate Termination for Cessation of Funding
In the event that funding for this Agreement ceases, this Agreement may
be terminated immediately by County without cause and without notice.
D. Termination for Cause
County may terminate this Agreement upon notice to CIC and opportunity
to cure in the event of a material breach of contract by CIC.
E. Obligation Upon Termination
In the event of termination, CIC shall deliver to County copies of all
reports and other work performed by CIC under this Agreement and upon
receipt thereof, CIC shall be paid for services performed and reimbursable
expenses incurred to the date of termination.
VII. Right to Monitor
County shall have the right to monitor all work performed, all records, and
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procedures to assure that the project is achieving its purpose, and that all
applicable state and federal regulations are met, and that adequate internal fiscal
controls are maintained. CIC shall cooperate fully with the County by providing
upon request information concerning the entire program.
VIII. Security Clearance
All CIC employees, agents, and representatives wishing to enter any County
correction facility must receive a security clearance prior to entrance. CIC should
allow at least three weeks for completion of the security clearance process.
Requests for security clearances shall be coordinated through the Custody Bureau
Support Services Commander or other person designated by the County. The
County reserves the right to refuse entrance to anyone not in possession of a
security clearance badge and to confiscate any security clearance badge issued at
IX. Employment Conditions and Rules
All personnel working for CIC under this Agreement shall abide by the County’s
rules, regulations, policies and procedures.
X. Declaration of Contractor
Completed Declaration is on file with the County’s Authorized Representative.
XI. Type I Contract Provisions
This is a Type I Agreement, subject to the Resolution of Contracting Principles
adopted by the Board of Supervisors on October 28, 1997. Accordingly, CIC
shall comply with all of the following:
A. CIC shall, during the term of this Agreement, comply with all applicable
federal, state and local rules, regulations, and laws.
B. CIC shall maintain financial records adequate to show that County funds paid
under the Agreement were used for purposes consistent with the terms of the
Agreement. These records shall be maintained during the term of this
Agreement and for a period of 3 years from the termination of this Agreement
or until all claims, if any, have been resolved, or if otherwise required under
other provisions of this Agreement, whichever is longer.
The failure of CIC to comply with this section or any portion thereof constitutes
material breach of contract and may, at the option of County, constitutes grounds
for termination of this Agreement.
XII. Right to Conduct Business
CIC shall obtain all necessary certificates, licenses and permits required by city,
county, state, and federal law in order to perform the services described in this
Agreement. Copies of all such documents shall be presented to the County
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of Santa Clara upon demand.
XIII. Prohibition of Sexual Contact
CIC shall prohibit sexual contact between the inmates of the Santa Clara County
Jail facilities and employees of CIC, its agents, representatives and members of its
Board of Directors, and any volunteers it recruits during the term of this
CIC agrees to indemnify, defend and hold harmless the County, its officers,
agents, and employees from any claim, liability, loss, injury or damage arising out
of, or in connection with, performance of this Agreement by CIC and/or its
agents, employees or sub-contractors, excepting only loss, injury or damage
caused by the negligence or willful misconduct of personnel employed by the
County. It is the intent of the parties to this Agreement to provide the broadest
possible coverage for the County. CIC shall reimburse the County for all costs,
attorney’s fees, expenses and liabilities incurred with respect to any litigation in
which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
XV. Prohibition of Financial Relationship
CIC shall prohibit any financial relationship between inmates and CIC’s
employees, agents, representatives, members of its Board of Directors, or
volunteer during the term of this Agreement.
XVI. Assignment of Agreement
CIC shall not assign this Agreement, either in whole or in part thereof, without the
prior written consent of the County. Any assignment without consent shall be
null and void. This provision shall not prohibit CIC from entering into separate
agreements with independent providers for limited individual services, as long as
such agreements shall not have the effect of accomplishing an assignment
otherwise prohibited in this Agreement. Any assignment for which the County
has given written consent shall be subject to all of the terms and conditions of this
XVII. Conflict of Interest/Nepotism
CIC shall comply with all conflict of interest and nepotism laws, statutes, and
regulations applicable to non-profit corporations or similar organizations. CIC
shall not maintain any member of its Board of Directors as a paid employee, agent
subcontractor or consultant. CIC shall not obtain insurance policies from any
member of its Board of Directors. By prohibiting specific relationships, it is not
the intent of the parties to authorize other relationships, which are in violation of
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laws, statutes or regulations.
XVIII. Independent Contractor Status
This is an agreement by and between independent contractors and is not intended
and shall not be construed to create the relationship of agent, servant, employee,
partnership, joint venture or association between County and CIC. No party
associated with or employed by CIC shall have any claim under this Agreement
or otherwise against the County for vacation pay, sick leave, retirement benefits,
Social Security, Worker’s Compensation, unemployment benefits or employee
benefits of any kind.
XIX. Access and Retention of Records
CIC must maintain financial records adequate to show that County funds paid
under a contract were used for purposes consistent with the terms of the contract.
Records must be maintained by CIC during the term of the contract and for a
period of three years from its termination, or until all claims have been resolved,
whichever period is longer, unless a longer period is required under the contract.
XX. Insurance Requirements
Insurance requirements are attached as Attachment IV. CIC‘s insurance shall be
effective on the start date of this Agreement and shall continue throughout the
entire terms of this Agreement. CIC shall provide proof of insurance.
All notices prescribed by this Agreement shall be in writing and shall be deemed
effective upon their deposit in the U.S. mail, postage prepaid with return receipt
requested and addressed:
For County For Contractor
Department of Correction Correctional Institutions Chaplaincy, Inc.
Support Services Commander David Robinson
180 W. Hedding Street P.O. Box 360068
San Jose, CA 95110 Milpitas, CA 95036-5853
Department of Correction
Financial Services Division
180 W. Hedding Street
San Jose, CA 95110
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XXII. Beverage Nutritional Criteria
Contractor shall not use County funds to purchase beverages that do not meet the
County’s nutritional beverage criteria. The six categories of nutritional beverages
that meet these criteria are (1) water with no additives; (2) 100% fruit juices with
no added sugars, artificial flavors or colors (limited to a maximum of 10 ounces
per container); (3) dairy milk, non-fat, 1% and 2% only, no flavored milks; (4)
plant derived (i.e., rice, almond, soy, etc.) milks (no flavored milks); (5)
artificially-sweetened, calorie-reduced beverages that do not exceed 50 calories
per 12-ounce container (teas, electrolyte replacements); and (6) other non-caloric
beverages, such as coffee, tea, and diet sodas. These criteria may be waived in
the event of an emergency or in light of medical necessity.
XXIII. Budget Contingency
This Agreement is contingent upon the appropriation of sufficient funding by the
County for the services covered by this Agreement. If funding is reduced or
deleted by the County for the services covered by this Agreement, the County has
the option to either terminate this Agreement with no liability occurring to the
County or to offer an amendment to this Agreement indicating the reduced
XXIV. Compliance with Laws
CIC must during the term of this Agreement, be fully familiar with and comply
with all applicable federal, state, and local rules, regulations, and laws including,
but not limited to, the Religious Land Use and Institutionalized Persons Act of
2000, 42 U.S.C. 2000cc-1 (RLUIPA) and other laws and regulations regarding the
provision of religious services to inmates and religious activities in the jails and in
CIC agrees to comply with and to require its employees, agents, and partners to
comply with all applicable state, or federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of person served under
this Agreement, their records, or services provided them and assures that:
A. All applications and records concerning any individual made or kept by
CIC in connection with the administration of, or relating to services
provided under, this Agreement will be confidential and will not be open
to examination for any purpose not directly connected with the
administration of such service or safety and security of the facilities or the
B. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services except as may be required
in the administration of such service. CIC agrees to inform all employees,
agents and partners of the above provisions and to further inform them that
any person knowingly and intentionally disclosing such information other
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than as authorized by law may be guilty of a misdemeanor.
C. In the event that CIC receives a subpoena, court order, or other legal
document requiring release of information, or is informed that such a
document is being requested, CIC shall immediately give notice to the
County in order to permit the County to seek a Protective Order of other
similar order in County’s discretion.
XXVI. No-Smoking Policy
CIC and its employees, agents and subcontractors, will comply with the County’s
No Smoking Policy, as set forth in the Board of Supervisors Policy Manual
section 3.47 (as amended from time to time), which prohibits smoking: (1) at the
Santa Clara Valley Medical Center Campus and all County-owned and operated
health facilities, (2) within 30 feet surrounding County-owned buildings and
leased buildings where the County is the sole occupant, and (3) in all County
XXVII. Miscellaneous Provisions
CIC will be required to submit status reports covering such items as work
in process, milestones attained, milestones missed, milestones to be
completed, resources expended, problems encountered and corrective
Only an instrument signed by the parties may amend this Agreement or
C. Governing Law
This Agreement shall be construed and interpreted in accordance with the
laws of the State of California. Proper venue for legal action regarding
this Agreement must be in the County of Santa Clara.
D. Equal Opportunity/Non-Discrimination in Contracting
The County is an equal opportunity employer. CIC must comply with all
applicable federal, state and local laws and regulations including the
County’s equal opportunity requirements. Such laws include, but are not
limited to, the following: title VII of the Civil Rights Act of 1964 as
amended; Americans with Disabilities Act of 1990; The Rehabilitation
Act of 1973 (Sections 503 and 504); California Fair Employment and
Housing Act (Government Code sections 12900 et seq.); California Labor
Code sections 1101, 1102 and 1102.1.
CIC shall not discriminate against any subcontractor, employee, or
applicant for employment because of age, race, color, national origin,
ancestry, religion, sex/gender, sexual orientation, mental disability,
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physical disability, medical, condition, political beliefs, organizational
affiliations, or marital status in the recruitment, selection for training
including apprenticeship, hiring, employment utilization, promotion,
layoff, rates of pay or other forms of compensation.
Nor shall CIC discriminate in provision of services provided under this
contract because of age, race, color, national origin, ancestry, religion,
sex/gender, sexual orientation, mental disability, physical disability,
medical condition, political beliefs, organizational affiliations, or marital
This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
If any provision of the Agreement is found by a court of competent
jurisdiction to be void, invalid or unenforceable, the same will either be
reformed to comply with applicable law or stricken so as not to affect the
validity or enforceability of this Agreement.
XXVIII. Totality of Agreement
This instrument, including those that are set forth in Attachments I, II, III, and IV,
constitutes this entire Agreement between the County and CIC relative to the
subject matter contained in this Agreement. The County and CIC expressly agree
that all prior or contemporaneous oral agreements between and among themselves
and their agents or representatives relative to the subject of this Agreement shall
be of no force or effect.
Date: ____________________ Date: _______________________
By: _____________________ By: ________________________
John Hirokawa, David Robinson,
Chief of Correction Executive Director CIC
APPROVED AS TO FORM AND LEGALITY
Deputy County Counsel
County Executive’s Office
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SCOPE OF SERVICE
Correctional Institutions Chaplaincy (CIC) will coordinate religious services and activities for multiple
faiths, with the exception of Roman Catholic services, throughout the term of this Agreement.
1. CIC will coordinate the services and activities for multiple faiths and provide staff or
volunteers to ensure that all multiple faiths and languages are available to meet the needs of
the inmate population in a manner that allows all inmates sufficient opportunities to
participate in the religious services and activities of their choice.
2. CIC will coordinate clergy visits for all multiple faiths. If any inmate requests a visit from a
spiritual leader, the Facility Chaplain will contact the spiritual leader to ascertain the
legitimacy and relationship between the spiritual leader and the inmate, and inform the
spiritual leader of the clergy visitation process. The spiritual leader must provide
documentation of his/her role in his/her faith-community and valid identification to visit the
inmate. Spiritual leaders are not permitted to use this format to visit relatives. If Facility
Chaplains have questions about the legitimacy of a spiritual leader, he/she will discuss the
concerns with the Custody Bureau Command Staff.
3. CIC will prepare, plan and conduct multiple faith religious services, worship services, studies
and concerts for a variety of religions and beliefs.
4. CIC will maintain and distribute scripture, literature, devotionals, study books and other
materials in a variety of languages. Prior to distributing any materials to an inmate, CIC will
present the material to Custody for security clearance.
5. CIC will review each inmate request for a special religious diet or other accommodations that
is based on the inmate’s specified religious affiliation, verify the legitimacy of the request
and to notify the designated County staff accordingly. CIC will respond within an
appropriate time frame to all inmate requests and, in no event, later than five days of
receiving a non-urgent request.
6. CIC will provide a full-time professional chaplain (Facility Chaplain) at the jail facilities.
Facility Chaplains will be on call 24 hours a day, seven days a week via telephone and/or
pager to respond to emergencies or crisis in the jail facilities. CIC Facility Chaplains will
respond immediately, and will be present within an hour, when needed.
7. CIC will recruit qualified clergy and volunteers, coordinate security clearances, train,
supervise, and schedule clergy and volunteers. Each Facility Chaplain will schedule and
supervise volunteers assigned to his/her facility.
8. CIC will coordinate with inmates participating in correspondence Bible Studies.
9. CIC will counsel, interview, and advise inmates on moral, spiritual, domestic, and personal
situations based on the inmate’s stated religion.
10. CIC will notify inmates when there has been a death in the family. CIC will verify the
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information prior to meeting with the inmate. CIC will be available for grief counseling for
11. Facility Chaplains will coordinate with mental-health staff and custody to counsel inmates
after traumatic events (i.e., suicide).
12. CIC will provide inmates with re-entry church referral services to the religious organizations
in the community which are consistent with the inmate’s stated religion.
13. CIC will act as a liaison between the detention facilities and community religious and social
organizations concerning the work and purpose of the facilities.
14. CIC will confer with inmate families, custodial staff, and other agencies regarding religious
15. All scheduling of religious services and activities for multiple faiths will be developed by
CIC and approved by the Custody Bureau Support Services Commander or designee.
Scheduling to the different units will be coordinated through the Programs Division.
16. CIC will provide monthly statistical reporting at a minimum as shown in Exhibit I, or as
otherwise agreed by the County.
17. CIC will provide materials, documentation, information or testimony as needed by the
County in connection with any proceeding, investigation or inquiry relating to the religious
services and activities provided under this Agreement.
18. CIC will provide a mechanism to address and resolve grievances or complaints by inmates
regarding the religious services provided or any denial of religious services, and report on
and discuss those grievances and complaints with the Custody Bureau staff.
19. CIC must understand and be familiar with RLUIPA and other federal, state and local laws
regarding religious accommodation and provision of religious services to inmates, and agree
to meet or exceed all of the legal mandates stated therein.
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